公诉视角下被害人权利保护研究
发布时间：2018-07-18 15:45
【摘要】：被害人的权利保障水平一定程度上反映国家人权保障发展的状况,强化对被害人权利的保障应该成为我国刑事诉讼立法和司法的着力点。在我国,被害人是刑事诉讼的当事人,尊重和保障人权也写入新刑事诉讼法。被害人权利保障越来越受到重视,但是修改后的刑事诉讼法对被害人权利保护仍然存在着诸多不足。本文旨在讨论并完善公诉阶段被害人的权利保护制度,首先明确公诉阶段被害人权利保护的基本内容,指出被害人在公诉阶段权利保护存在的缺陷,并通过域外被害人权利保护制度的分析与考察,结合我国国情,对完善公诉阶段被害人的权利保护提出相应的对策和建议。 全文共分为五部分： 第一部分界定了被害人基本内涵,结合现有的法律法规总结了被害人在公诉阶段权利的基本内容,并简单介绍了公诉阶段被害人保护自己权利的主要路径。 第二部分具体分析被害人公诉阶段权利保护的法律现状,并深入分析了其中存在的缺陷和不足。 第三部分考查我国检察机关在刑事和解和被害人国家补偿的探索中对被害人权利的保护。 第四部分被害人保护制度的域外考察,通过考察英美等国家的被害人保护制度以期完善我国公诉阶段被害人的权利。 第五部分析对公诉阶段被害人权利保护存在的缺陷,对完善公诉阶段被害人权利保护提出意见和建议,对公诉阶段被害人权利保护进行有益的探讨。
[Abstract]:To a certain extent, the level of protection of the rights of victims reflects the development of national human rights protection, and strengthening the protection of the rights of victims should become the focus of our criminal procedure legislation and judicature. In our country, the victim is the litigant of criminal procedure, and the respect and protection of human rights is written into the new criminal procedure law. More and more attention has been paid to the protection of victims' rights, but there are still many deficiencies in the protection of victims' rights by the revised criminal procedure law. The purpose of this paper is to discuss and improve the protection system of the victim's rights in the public prosecution stage. Firstly, the basic contents of the protection of the victim's rights in the public prosecution stage are clarified, and the defects of the protection of the victim's right in the public prosecution stage are pointed out. Through the analysis and investigation of the system of protection of the rights of the victims outside the country, combined with the national conditions of our country, the author puts forward the corresponding countermeasures and suggestions to improve the protection of the rights of the victims in the stage of public prosecution. The full text is divided into five parts: the first part defines the basic connotation of the victim and summarizes the basic content of the victim's right in the public prosecution stage combining with the existing laws and regulations. And introduced the public prosecution stage victim protection own right main path simply. The second part analyzes the current situation of the protection of the victim's rights in the public prosecution stage, and deeply analyzes the defects and deficiencies. The third part examines the protection of the victim's rights in the criminal reconciliation and the victim's national compensation. The fourth part of the extraterritorial investigation of victim protection system, through the investigation of Anglo-American and other countries' victim protection system in order to improve the rights of victims in the stage of public prosecution in China. The fifth part analyzes the defects of the protection of the victim's rights in the public prosecution stage, puts forward the opinions and suggestions to improve the protection of the victim's rights in the public prosecution stage, and makes a beneficial discussion on the protection of the victim's rights in the public prosecution stage.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
，
本文编号：2132379
[Abstract]:To a certain extent, the level of protection of the rights of victims reflects the development of national human rights protection, and strengthening the protection of the rights of victims should become the focus of our criminal procedure legislation and judicature. In our country, the victim is the litigant of criminal procedure, and the respect and protection of human rights is written into the new criminal procedure law. More and more attention has been paid to the protection of victims' rights, but there are still many deficiencies in the protection of victims' rights by the revised criminal procedure law. The purpose of this paper is to discuss and improve the protection system of the victim's rights in the public prosecution stage. Firstly, the basic contents of the protection of the victim's rights in the public prosecution stage are clarified, and the defects of the protection of the victim's right in the public prosecution stage are pointed out. Through the analysis and investigation of the system of protection of the rights of the victims outside the country, combined with the national conditions of our country, the author puts forward the corresponding countermeasures and suggestions to improve the protection of the rights of the victims in the stage of public prosecution. The full text is divided into five parts: the first part defines the basic connotation of the victim and summarizes the basic content of the victim's right in the public prosecution stage combining with the existing laws and regulations. And introduced the public prosecution stage victim protection own right main path simply. The second part analyzes the current situation of the protection of the victim's rights in the public prosecution stage, and deeply analyzes the defects and deficiencies. The third part examines the protection of the victim's rights in the criminal reconciliation and the victim's national compensation. The fourth part of the extraterritorial investigation of victim protection system, through the investigation of Anglo-American and other countries' victim protection system in order to improve the rights of victims in the stage of public prosecution in China. The fifth part analyzes the defects of the protection of the victim's rights in the public prosecution stage, puts forward the opinions and suggestions to improve the protection of the victim's rights in the public prosecution stage, and makes a beneficial discussion on the protection of the victim's rights in the public prosecution stage.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
，
本文编号：2132379
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